Information and Communications Technologies.
Sanctioned: December 16, 2014
Promulgated: December 18, 2014
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
LEY ARGENTINA DIGITAL ARTICLE 1 — Object
. The development of Information and Communications Technologies, Telecommunications, and associated resources, by establishing and ensuring the complete neutrality of networks, should be publicly explored.
Its purpose is to enable the access of all the inhabitants of the Argentine Republic to the services of information and communications in equitable social and geographical conditions, with the highest quality parameters.
This rule is of public order and excludes any kind of regulation of the contents, whatever its means of transmission. ARTICLE 2 Finality.
The provisions of this Act are aimed at ensuring the human right to communications and telecommunications, recognizing Information and Communication Technologies (ICTs) as a preponderant factor in the technological and productive independence of our Nation, promoting the role of the State as a planner, encouraging the social role of such technologies, as well as the competence and generation of employment through the establishment of clear and transparent guidelines for the accessibility of the sector.
It also seeks to establish clearly the distinction between content-generation and transport and distribution markets so that the influence on one of these markets does not generate practices that involve distortions in the other.
The implementation of the present Act will ensure the development of regional economies, seeking to strengthen existing local actors, such as cooperatives, non-profits and SMEs, by proving the generation of new actors that individually or collectively guarantee the provision of ICT services. ARTICLE 3 — Scope of application.
This law is applicable throughout the territory of the Argentine Nation and in places under its jurisdiction. ARTICLE 4 Federal jurisdiction and administrative jurisdiction.
The activities regulated by the present shall be subject to federal jurisdiction and any incidence which directly or indirectly may arise or derive from the application of the present shall be the competence of the Federal Administrative Disputes Court, with the exception of the consumer relations. ARTICLE 5 — Inviolability of communications
. Correspondence, understood as any communication that is made through Information and Communications Technologies (ICT), including traditional postal mails, e-mail or any other mechanism that induces the user to presume the privacy of it and the traffic data associated with them, carried out through the telecommunications networks and services, is inviolable. His interception, as well as his subsequent registration and analysis, will only proceed to the request of a competent judge.
Chapter II ARTICLE 6 General definitions
. With regard to the ICT regime, the following definitions will apply:
(a) Implementation Authority: is provided for in article 77 of this Act.
(b) Associated resources: physical infrastructures, systems, devices, associated services or other resources or elements associated with a telecommunications network or with an Information and Communications Technology Service (ICT) that allow or support service delivery through or have potential for such a network or service. They will include, among others, buildings or entrances of buildings, wiring of buildings, antennas, towers and other support buildings, ducts, masts, access mouths and distributors.
(c) Telephonic Basic Service (SBT): it consists of the provision of the national and international voice telephony service, through local networks, regardless of the technology used for transmission, provided that it meets the purpose of allowing its users to communicate with each other.
(d) Information and Communications Technology Services (ICT services): these are those that are intended to transport and distribute signals or data, such as voice, text, video and images, provided or requested by third-party users, through telecommunications networks. Each service will be subject to its specific regulatory framework.
(e) Telecommunication Service: it is the service of transmission, emission or receipt of writings, signs, signals, images, sounds or information of any nature, by thread, radioelectricity, optical media or other electromagnetic systems, through telecommunications networks.
(f) Essential and strategic public service of competing ICTs: the service of use and access to telecommunications networks for and among ICT service providers. This service must be provided with characteristics of generality, uniformity, regularity and continuity.
(g) Information and communication technologies (ICT): it is the set of resources, tools, equipment, software, applications, networks and media that allow the compilation, processing, storage and transmission of information, such as voice, data, text, video and images, among others.
(h) Telecommunication: it is all transmission, emission or reception of signs, signals, writings, images, sounds or information of any nature, by thread, radioelectricity, optical media or other electromagnetic systems. ARTICLE 7 Particular definitions.
The following definitions will apply in the relationship between ICT licensees or providers:
(a) Access: is the provision of part of a provider to another network element, associated resources or services for the delivery of ICT services, even when used for the provision of audio-visual content services.
(b) Open architecture: it is the technical set of telecommunications networks that allows them to interconnect with each other on a physical or virtual, logical and functional level, so that there is interoperability between them.
(c) Essential facilities: they are the network or service elements provided by a single licensee or supplier or a small number of them whose reproduction is not technically, legally or economically feasible and are essential inputs for the provision of the services provided for in this Act. In cases not provided for in the present, the Implementation Authority shall determine the existence and regulation of access to essential facilities in terms of the provisions of law 25,156 or the one that replaces it in the future.
(d) Interconnection: it is the physical and logical connection of telecommunications networks so that users of a licensee can communicate with users of another licensee, as well as access to services provided by another licensee. Services may be provided by interested parties or by third parties that have access to the network. Interconnection is a particular type of access between ICT service providers.
(e) Telecommunications network: transmission systems, and, where appropriate, switching or channeling equipment and other resources, including non-active elements, that allow the transport of signals through cables, hertzian waves, optical media or other electromagnetic means, including satellite networks, fixed land networks (during circuits and packages or other) and mobile, television and television systems,
(f) Local network: it is the telecommunications network infrastructure, including the software and hardware necessary to carry out connectivity from the terminal connection point of the network located at the user's home to the equivalent telephone or installation center, circumscribes to a given geographical area.
(g) ICT Services User: it is the natural or legal person who uses the service for himself. It does not include the provision, resale or lease of networks or services available to the public.
(h) Significant market power: it is the position of economic strength that allows one or more lenders to be, to a significant extent, independent of their competitors. This economic force may be based on the quota of participation in the or the reference markets, on the ownership of essential facilities, on the ability to influence the formation of prices or on the viability of its competitors; including any situation that allows or facilitates the exercise of anti-competitive practices by one or more lenders from, for example, their degree of vertical or horizontal integration. The specific obligations imposed on the lender with significant market power will be extinguished in its effect by a resolution of the Implementing Authority after conditions of effective competition in the or the reference markets. The Implementation Authority is empowered to declare at any time lenders with significant market power in the enforcement services of this law in accordance with the procedure established by the regulation.
Part II ARTICLE 8 — Regime.
The provision of ICT services will be carried out in competition.
The provision of ICT services will require the prior acquisition of the enabling license. The ICT Service Licensor shall proceed with the registration of each service under conditions determined by the Implementation Authority. ARTICLE 9 — Principles.
The licences shall be granted on request and in the prescribed manner, enabling the provision of the services provided for in this law throughout the territory of the Argentine Nation, whether fixed or mobile, wireless, national or international, with or without its own infrastructure.
Licensors of the services provided for in this Act may provide audio-visual communication services, with the exception of those provided through satellite link, and must process the corresponding license with the competent authority. In addition, the licensees of audio-visual communication services may provide ICT services, and the corresponding licence must be processed by the Authority for the Application of this Law.
Licensors of public services related to the scope of the present Act are exempted from the provisions contained in articles 24 (i) and 25 (d) of the Act 26,522, whether natural or legal persons respectively. ARTICLE 10. - Content and transport.
Where a applicant or provider, in accordance with the provisions of this Act, purports or meets the ownership of a service license provided for in this Act and the ownership of an audiovisual communication services licence, shall:
(a) Form separate business units for the purpose of the provision of audio-visual communication services and ICT services.
(b) To carry separate accounting and invoice separately the benefits of audiovisual communication services and ICT services.
(c) Do not engage in anti-competitive practices such as tied sales and cross-subsidies with funds from different business units.
(d) Facilitate, when requested, competitors in licensed services access to their own support infrastructure, especially poles, masts and ducts, under market conditions. Where there is no agreement between the parties, the authority of the National Competition Commission should be requested to intervene.
(e) To respect the professional responsibilities and arrangements of workers in the various activities provided. ARTICLE 11. - Conditions of benefit.
The granting of the license for the provision of the services provided for in this Act is independent of the technology or means used to offer them and of the existence and allocation of the means required for the provision of the service. ARTICLE 12. - Requirements.
The Application Authority shall grant the license once the applicant has complied with the requirements of the regulation.
If the use of radio spectrum frequencies is required for the delivery of the ICT Service, the licensee shall, in accordance with the provisions of the specific regulations on the subject, process the granting of the corresponding authorization or permission to use radio spectrum frequencies. ARTICLE 13. - Cession or transfer.
The transfer, assignment, lease, constitution of any levy on the license and any modification of the shares or shares of society, in the terms of the current regulation, shall obtain it upon authorization by the Authority of Application, subject to the penalty of invalidity. ARTICLE 14. - expiration or termination of the license.
The Authority of Application may declare the expiration of the respective license or registration, as provided for in this Law, the decrees, regulations and other regulations in force in the matter, contemplating the procedure established by it.
They will be caused by expiration:
(a) The lack of provision of the services registered in accordance with the current regulations.
(b) Failure to initiate the provision of or services registered within the time limit established by the applicable regulations and in accordance with the regulations that the Implementing Authority does.
(c) The repeated lack of payment of fees, fees, canons and the contribution to the Universal Service, in accordance with the regulations to be issued by the Implementation Authority.
(d) The materialization of acts without the authorization of article 13 of the present.
(e) The bankruptcy, dissolution or liquidation of the licensee.
Part III ARTICLE 15. - Public service character in competition.
ICT services and the establishment and operation of telecommunications networks
The essential and strategic public service of Information and Communications Technologies (ICT) is recognized in competition for the use and access of telecommunications networks, for and among ICT licensees. ARTICLE 16. - Homologation and certification. Principle.
In order to ensure the integrity and quality of telecommunications networks and radio spectrum, as well as the safety of individuals, users and licensees, commercialized telecommunications equipment will be subject to approval and certification. The Implementing Authority shall issue the respective rules of procedure.
Chapter II ARTICLE 17. - Coordination mechanisms for the deployment of telecommunications networks.
The national, provincial, Autonomous City of Buenos Aires and municipal authorities will coordinate the actions necessary to achieve the deployment of the telecommunications networks used in the ICT Services. The Implementation Authority will invite the provinces, the Autonomous City of Buenos Aires and the municipalities to sign the respective cooperation agreements.
Part IV ARTICLE 18. - Definition.
The national State guarantees the Universal Service, understood as the package of ICT services to be provided to all users, ensuring their access in quality, affordability and fair and reasonable prices, regardless of their geographical location. ARTICLE 19. - Finality.
The Universal Service is a dynamic concept aimed at enabling all the inhabitants of our country to access, regardless of their home, income or capabilities, the ICT services provided in quality and at a fair and reasonable price. ARTICLE 20. - Scope and regimen.
It is up to the national executive branch, through the Implementation Authority, to define the public policy to implement to achieve the goal of the Universal Service. Without prejudice to this, the Universal Service shall be governed by the principles, procedures and provisions of this Act and, in particular, by the resolutions of the Authority for Implementation.
Chapter II ARTICLE 21. - Creation and financing.
Trust Fund for the Universal Service
Trust the Universal Service Trust Fund. The investment contributions for the Universal Service programmes will be administered through the Universal Service fund. The Trust Fund for the Universal Service shall be the national State.
The Implementation Authority shall issue the Fund ' s administration regulations and rules for its control and audit with respect to administrative costs, ensuring that the Fund is both the same and the Fund is executed by the national State. ARTICLE 22. - Investment carriers.
ICT Service Licensors shall have an obligation to make investment contributions to the Universal Service Trust Fund equivalent to one per cent (1%) of the total revenues accrued by the provision of the ICT Services included in the scope of this law, net of taxes and fees that graven them or, if exemptions are granted, comply with their obligations. The investment contribution cannot be transferred to users under any concept. The Universal Service Trust Fund may also be integrated with donations or legacies. ARTICLE 23. - Exemption of input.
The Implementation Authority may, once the objectives of the Universal Service are attained, provide for a total or partial, permanent or temporary exemption from the obligation to make the investment contributions provided for in the preceding article. ARTICLE 24. - Categories of Universal Service
. The Implementation Authority will design the various programmes for the fulfilment of the obligations and access to the rights provided for in respect of the Universal Service, and may establish categories for this purpose. ARTICLE 25. - Funding.
The funds of the Universal Service shall be implemented through specific programmes. The Application Authority shall define its content and the appropriate award mechanisms. The Implementation Authority may entrust the implementation of these plans directly to the entities included in Article 8 (b) of Law 24.156, or, in compliance with the appropriate selection mechanisms, respecting the principles of publicity and competition, to other entities.
The programmes of the Universal Service should be understood as obligations subject to periodic review, so that the services included and the programmes to be developed will be revised at least every two (2) years, depending on the social needs and requirements, the existing demand, technological developments and the purposes set by the national State in accordance with the design of the Information and Communications Technologies (ICT) policy.
Part V ARTICLE 26. - Characteristics.
Key ICT resources
The radio spectrum is an intangible, finite and public domain resource, the administration, management and control of which is an indelible responsibility of the national State. ARTICLE 27. - Administration, management and control.
It is incumbent upon the Authority of Implementation to designate the administration, management and control of the radio spectrum, in accordance with the provisions of this law, the regulations that are determined, international standards and those dictated by the global and regional conferences on which the Argentine Republic accedes. ARTICLE 28. - Authorizations and permits.
Authorizations and permits for the use of radio spectrum frequencies shall be granted on a precarious basis, so that the Application Authority may replace, modify or cancel them, in whole or in part, without giving rise to any right of compensation for the authorized or administered.
The authorizations and permits for the use of frequency of the radio spectrum assigned by tendering or public competitive examination, on a onerous basis, shall be governed by the terms set at the time of such tendering or competition, in accordance with the framework of the national administration contracting regime, except for reasons of duly accredited public interest.
For all the above cases, the Implementation Authority shall set the maximum time limit for granting each authorization or permission. ARTICLE 29. - Cession and lease.
The authorizations and permits for the use of frequency of the radio spectrum and the authorizations and authorizations granted to install and operate a station, means or radio-electric systems, may not be transferred, leased or fully or partly transferred or changed to their destination, without the prior approval of the Implementation Authority, in accordance with the current regulations. ARTICLE 30. - Band migration.
The Application Authority may require the holders of permits and frequency-use permits to migrate from their systems as a result of changes in the attribution of frequency bands. Migration should be met within the time limits set by the Implementation Authority. Authorized or permissible persons have no right to compensation. ARTICLE 31. - Direct assignment.
The Implementation Authority may directly assign frequencies to national agencies, State entities and entities with the majority participation of the national State. ARTICLE 32. - Authorization.
ICT Service Licensors shall have prior authorization for the installation, modification and operation of stations, media or radiocommunication systems.
Chapter II ARTICLE 33. - Administration, management and control.
It corresponds to the national State, through the Authority of Implementation, the administration, management and control of the orbit-species resources corresponding to satellite networks, in accordance with the international treaties signed and ratified by the Argentine State.
This remedy may be exploited by entities of a public or private nature, provided that it is authorized to do so and in accordance with the relevant provisions. ARTICLE 34. - Authorization.
The provision of satellite facilities will require the corresponding authorization for the operation in Argentina, in accordance with the regulations issued by the Implementation Authority for that purpose. On the contrary, the provision of any satellite ICT Service shall be subject to the general system for the provision of ICT services set out in this Act. ARTICLE 35. - Priority of use.
For the provision of satellite facilities, priority will be given to the use of Argentine satellites, understood by such to those who use an orbit-specific resource on behalf of the Argentine Nation, the use of satellites built in the Argentine Nation or the satellite operators owned by the national State or in which the latter had majority share.
The above-mentioned priority will have effect only if the proposed technical and economic conditions conform to a competition market, which will be determined by the Implementation Authority.
Chapter III ARTICLE 36. - Dictation of plans.
The Implementation Authority must approve, manage and control national numeration, signalling, numerical portability and other fundamental plans, and has the power to develop or modify them. ARTICLE 37. - Attributes.
The attributes of fundamental plans are instrumental in nature and their granting does not confer rights and interests on ICT licensees, which is why their modification or deletion does not generate the right to compensation.
Chapter IV ARTICLE 38. - Scope.
Access and interconnection
This chapter and its regulation will apply to assumptions of use and access and interconnection between ICT Service licensees. ARTICLE 39. - Obligation of access and interconnection.
ICT Service Licensors shall have the right and, when requested by other ICT Licensors, the obligation to provide access and mutual interconnection. ARTICLE 40. - General rule.
ICT Service Licensors are required to interconnect in non-discriminatory, transparent and objectively based conditions, in accordance with the provisions of the Implementing Authority, which will promote competition and guide the progressive reduction of asymmetries between licensors.
The terms and conditions for access or interconnection that a licensee of ICT Services offers to another on the basis of an agreement or a resolution of the Implementation Authority shall be guaranteed to any other applicant.
Licensors other than the contractual relationship may make observations to the signed agreement as provided by the regulation. ARTICLE 41. - Individual conditions.
The Implementation Authority may determine particular conditions of access and interconnection with networks owned by the national State or by societies with majority State participation. ARTICLE 42. - Registration and publication.
Agreements between ICT Service Licensors should register with the Implementation Authority and be issued in accordance with the current regulations. ARTICLE 43. - Reference offers.
The reference offers shall be subject to authorization and publication by the Implementation Authority in accordance with the provisions of the Authority.
In cases covered by Article 10 of this Law, the reference offer shall ensure that the treatment given to its business units does not distort competition in the reference market. ARTICLE 44. - Open architecture design.
ICT Service Licensors should adopt open network architecture designs to ensure the interconnection and interoperability of their networks. ARTICLE 45. - Local network breakdown.
Disaggregation of the local network of ICT licensees is available. The Implementation Authority shall establish to that end the differentiated conditions based on technical, economic, opportunity, merit and convenience issues, in order to preserve the public interest and promote competition. ARTICLE 46. - Specific obligations.
Those ICT service licensees with significant market power should comply with the specific obligations that are set out by the Implementation Authority, which will ensure, through asymmetric regulatory measures, the development of regional markets, the participation of local licensees and continuity in the delivery of ICT services. ARTICLE 47. - Competitions.
These are competences of the Authority of Implementation in terms of access and interconnection:
(a) To have the legal, technical and economic conditions to which the agreements should be concluded.
(b) To register the agreements entered into and conduct the analysis prior to the authorization of a reference offer.
(c) To intervene, on his or her own initiative or at the request of any of the parties concerned, urging the modifications to the signed agreement that it deems appropriate.
(d) Establish specific obligations and conditions for those licensors, with significant market power and any other that it considers justly necessary; such obligations shall remain in force for the strictly necessary time and may consist of:
I. Provision of accounting, economic and financial information, technical specifications, features of networks and conditions of supply and utilization, including, where appropriate, conditions that may limit access to or use of services or applications, as well as prices and rates.
ii. The development, presentation and publication of a reference offer under the conditions established by regulation.
iii. Separation of accounts, in the format and with the methodology, if any, specified.
iv. Functional separation.
v. Provide access to and use of specific networks or resources, as well as associated resources and services.
vi. Price and pricing control, such as fixing, cost guidance or other compensation mechanism determination.
vii. Be notified for prior approval, in view of the need to make modifications to the network that affect the operation of the computers of the users or networks with which it is interconnected.
viii. Another type of specific obligations relating to access or interconnection that are not limited to the subjects listed above and which are duly justified.
Part VI ARTICLE 48. - Rule.
Prices, fees and charges
ICT Service licensees will set their prices, which should be fair and reasonable, cover the costs of exploitation and tend to provide efficient delivery and a reasonable margin of operation.
The fees of the essential and strategic public services of Information and Communications Technologies (ICTs) in competition, those of those provided under the Universal Service and of those determined by the Implementation Authority for reasons of public interest, may be regulated by it. ARTICLE 49. - Control, control and verification rate.
For ICT Service Licensors, a rate of control, control and verification, equivalent to zero, is 50 per cent (0.50 per cent) of the total revenues accrued by the provision of ICT Services, net taxes and rates that are serious.
The Implementation Authority shall establish the time, form and procedure for the collection of the rate set out in the first paragraph of this article, with the purpose of permitting the financing of the erogations made to its operation. ARTICLE 50. - Radioelectric fees and tariffs.
Licensors of ICT Services in general and telecommunications in particular should pay the radio fees and tariffs for each of the radio stations, systems and services operating throughout the territory of the Nation, whose unit of measure will be the so-called Radioelectric Rate Unit (UTR). The classification, value, update, periodicity of payment, penalties and exemptions shall be determined by the Implementation Authority. ARTICLE 51. - Administrative fees.
The Implementation Authority shall have the power to establish administrative tariffs. ARTICLE 52. - Specific rates and charges
. Rates and levies for establishing non-public correspondence telecommunications systems and stations shall be determined according to the characteristics of such systems, the importance of their facilities and the assessment of the foreseeable traffic, as provided for in the regulation. ARTICLE 53. - Exemptions.
Exemptions or reductions of rates, fees and levies of Information and Communication Technologies (ICT) in general and telecommunications in particular may be established in a precarious capacity, where the nature of certain activities warrants it.
Part VII ARTICLE 54. - Telephonic Public Service.
General considerations on ICT Services
The Telephonic Basic Service maintains its public service status. ARTICLE 55. - Object and scope
. The ICT Service includes the confluence of both fixed and mobile networks that, through various functionalities, provides users with the ability to receive and transmit voice, audio, fixed or moving images and data in general.
For the purpose of safeguarding the functionality of the ICT Service, the ICT Service shall be provided throughout the national territory for such purposes as a single area of exploitation and provision.
The Telephonic Basic Service, without prejudice to its normative particularity, has special consideration within the framework of technological convergence. That is why the effective provision of the service should be considered independently to the technology or means used for its provision through local networks, the main purpose being to establish a communication through the transmission of voice between parties. ARTICLE 56. - Network neutrality.
Each user is guaranteed the right to access, use, send, receive or offer any content, application, service or protocol through the Internet without any restrictions, discrimination, distinction, blockage, interference, torment or degradation. ARTICLE 57. - Network neutrality. Prohibitions
. ICT service providers cannot:
(a) Blocking, interfering, discriminating, hindering, degrading or restricting the use, sending, receiving, offering or access to any content, application, service or protocol except warrant or express user request.
(b) Fix the Internet access price under the contents, services, protocols or applications to be used or offered through the respective contracts.
(c) Arbitrarily restrict the right of a user to use any hardware or software to access the Internet, provided that they do not harm or harm the network. ARTICLE 58. - Minimum Transmission Speed (VMT).
The Implementing Authority shall, within a period not exceeding one hundred and eighty (180) days from the entry into force of this law, define the Minimum Speed of Transmission (VMT) which shall enable telecommunications networks to ensure the effective functionality of the ICT Services. ICT Service Licensors should provide their end-users, not licenseees of these services, the speed set. The VMT must be revised with a maximum periodicity of two (2) years.
Part VIII ARTICLE 59. - Rights.
Rights and obligations of ICT users and licensors
Rights and obligations of ICT service users
The ICT Services user has the right to:
(a) To have access to the ICT Service on an equal basis, continuity, regularity and quality.
(b) Be treated by licensees with courtesy, correction and diligence.
(c) To have access to all information related to the offer or provision of services.
(d) To freely choose the licensee, the services and equipment or appliances necessary for their provision, provided that they are duly approved.
(e) To file, without unnecessary prior requirements, petitions and complaints with the licensee and receive a respectful, timely, adequate and truthful response.
(f) The protection of personal data provided to the licensee, which cannot be used for purposes other than those authorized, in accordance with the existing provisions.
(g) That the price of the service it receives is fair and reasonable.
(h) Any other rights arising from the application of applicable laws, regulations and rules. ARTICLE 60. - Obligations.
The ICT Services user has the following obligations:
(a) To pay charges in due course for the services received, in accordance with contracted prices or established rates.
(b) Maintain house installations in its charge in a manner appropriate to existing technical standards.
(c) Do not alter terminal equipment when, as a result, they may cause damage or interference that degrade the quality of the service, refraining from misuse of the service.
(d) Enable the access of the staff of the licensors and the Implementation Authority, who shall be duly identified for the purpose of performing any necessary work or verification.
(e) To respect the legal, regulatory and general conditions of recruitment and other obligations arising from the application of applicable laws, regulations and rules.
Chapter II ARTICLE 61. - Rights.
Rights and obligations of licensees
ICT Service Licensors are entitled to:
(a) Use and protect their networks and facilities used in the provision of the ICT Service.
(b) Install their networks and equipment throughout the national territory in accordance with the provisions of this law and other applicable regulations on land use, subsoil, airspace, public and private property.
(c) Other rights arising from this Act and its regulations. ARTICLE 62. - Obligations
. ICT Service Licensors have the following obligations:
(a) To provide service under the principles of equality, continuity and regularity, in compliance with the quality standards set out in the current regulations.
(b) Do not include in contracts clauses that restrict or in any way condition users the freedom of choice of another licensee or that condition the termination thereof or the disconnection of any additional contracted service.
(c) Ensure that specific social groups, persons with disabilities, including users with severe vision or visual impairments, hypoacousics and speech impaired, older persons and users with special social needs have access to service in conditions comparable to the rest of the users, in accordance with the specific regulations.
(d) Have free user care mechanisms in accordance with the provisions of the Implementation Authority.
(e) Provide the user with information in the national language and in a clear, necessary, truthful, timely, sufficient, certain and free manner, which does not induce error and contains all the information on the essential characteristics of the service provided at the time of the offer, the conclusion of the contract, during its execution and after its completion.
(f) Guarantee users the confidentiality of transmitted messages and the secret of communications.
(g) To provide all the information requested by the competent authorities, especially accounting or economic information on a regular basis and in the forms established, as well as information that allows us to know the conditions of service delivery and any other information that may be deemed necessary for the performance of the functions.
(h) To have the necessary equipment to enable the Implementation Authority to perform its functions; it is obliged to allow the Authority to access its facilities and to provide the information required by it.
(i) Address the requirements for national defence and public security formulated by the competent authorities.
(j) To respect the rights of users in accordance with the applicable rules.
(k) To comply with the obligations provided for in the respective licences, the corresponding regulatory framework and the decisions of the Implementation Authority.
(l) Act under fair and effective competition schemes in accordance with the current regulations.
(m) To comply with other obligations arising from the present law and regulations in force.
Part IX ARTICLE 63. - Regulation.
The Enforcement Authority shall regulate the sanctioning regime in accordance with the principles and provisions of this Title. ARTICLE 64. - Procedure.
The administrative procedure for the investigation of the case and the application of sanctions shall be issued by the Enforcement Authority. The National Administrative Procedures Act 19,549 will also be implemented. ARTICLE 65. - Prior to the commencement of the sanctioning process
. By issuing the relevant administrative act, without pre-intervention and in accordance with the process determined by the Implementation Authority, the cessation of the alleged infringing activity may be made available where there are urgent reasons based on the following assumptions:
(a) Impact of the functioning of the National Security, Civil Defence and Emergency Services.
(b) Exposure to danger of human life.
(c) Interference to other ICT networks or services that occur on frequencies used by the Aircraft Broadcasting Service and the Air Field Service.
Having concurrent powers with another competent authority, it shall be transferred after the precautionary measure is materialized. ARTICLE 66. - Preventive measures in the sanctioning process.
By issuing the corresponding administrative act within the scope of the Implementation Authority, precautionary measures may be taken consisting of:
(a) The immediate cessation of unauthorized radio-electric emissions.
(b) The immediate cessation of any other allegedly infractorous activity that may cause irreparable damage to end-users of the service.
(c) Release of equipment or facilities affected to the provision of ICT services.
Such precautionary measures shall cease in their effects as such when the measure terminates the sanctioning procedure. ARTICLE 67. - Types of sanctions.
Failure to comply with the obligations set forth in this Act, its regulations, licences, authorizations or use permits will result in the application of the following sanctions:
(c) Suspension of marketing.
(f) Equipment and materials used for the provision of services.
(h) The expiration of the license, registration or revocation of the authorization or permission. ARTICLE 68. - Disability accessory.
The expiration of the license shall disqualify the sanctioned holder and the members of its governing bodies for the term of five (5) years to be licenseees, partners or licensee administrators. ARTICLE 69. - Formal character.
Offences shall have a formal nature and shall be configured regardless of the dolo or fault of the holders of the licenses, registrations or permits and of the persons for whom they must respond. ARTICLE 70. - Sanctions taxation.
The penalty imposed on the verification of an offence shall be graduated in the light of the seriousness of the offence, the economic capacity of the offender and the degree of involvement in the public interest.
For the purposes of the determination of sanctions, they shall be considered as aggravating situations to be considered:
(a) The continuing nature of the passive act of sanction.
(b) The impact of service.
(c) Obtaining economic benefits from the offender.
(d) The underground.
(e) Lack of approval or certification of the equipment or equipment used. ARTICLE 71. - Attenuating.
They shall be considered as mitigating situations to be considered:
(a) To have recognized in the course of the proceedings the existence of the offence.
(b) To have on its own initiative corrected the situation of infringement and rescised in a comprehensive manner the damage that might have caused. ARTICLE 72. - Forfeiture.
In cases where the provision of ICT services is detected in violation of the licences, permits, authorizations, approvals or qualifications set out in this Act or by any means invading or obstructing the general channels of communication, the property, facilities and equipment used in the commission of such offences shall be lost to the benefit of the national State. ARTICLE 73. - Obligation to reintegrate.
The application of sanctions shall be independent of the obligation to reintegrate or compensate the unduly perceived rates, prices or charges of users, with updating and interest, or to compensate the damages caused to users, the State, or to third parties for the offence. ARTICLE 74. - Reiteration.
The final sanctioning act at the administrative headquarters shall constitute a valid precedent for the purpose of reiterating the offence. Repetition shall be considered when sanction has been applied to the same obligation within the last twenty-four (24) months. ARTICLE 75. - Advertising.
The Implementation Authority shall determine the cases in which, by the offender, the sanctions applied shall be issued. ARTICLE 76. - Resources.
The act by which the prescribed sanction applies shall exhaust the administrative remedy for the purposes of article 23 of the National Administrative Procedures Act 19.549, without prejudice to the origin of the appeal by which the applicant may choose.
Exhausted by administrative means, appeal shall be made at judicial headquarters under article 4 of the present. Its interposition shall have no suspensive effect, except in the case of the expiration penalty of the license.
Part X ARTICLE 77. - Implementation Authority.
Federal Information and Communications Technology Authority
Trust as a decentralized and autonomous agency within the national executive branch, the Federal Authority on Information and Communications Technologies as the Authority for the Application of this Law. ARTICLE 78. - Nature and domicile.
The Federal Authority on Information and Communications Technologies shall have full legal capacity to act in the areas of public and private law and its assets shall be made up of assets transferred to it and assets acquired in the future by any title. It will have its headquarters in the Autonomous City of Buenos Aires and must establish at least one (1) delegation in each province or region of them or city, with a minimum of one (1) delegation in each town of more than five hundred thousand (500,000). ARTICLE 79. - Continuation.
The Federal Authority on Information and Communications Technologies established by this Act shall, for all purposes and in accordance with the provisions of this Act, be continued by the Secretariat for Communications and the National Communications Commission established by decrees 1142/2003 and 1185/90 and subsequent amendments thereto. ARTICLE 80. - Functions.
The Federal Authority on Information and Communications Technologies shall have as its functions the regulation, control, control and verification of ICTs in general, of telecommunications in particular, of postal service and all matters that are integrated into its orbit in accordance with the text of this law, applicable regulations and policies established by the national Government. ARTICLE 81. - Competitions.
The Federal Information and Communications Technology Authority shall exercise the following competences:
(a) Regular and promote the competence and efficient development of telecommunications and digital services within the scope of the powers conferred upon it by this law and other applicable legal provisions.
(b) The regulation, promotion and monitoring of the use, use and exploitation of the radio spectrum, orbital resources, satellite services, telecommunications networks and the provision of telecommunications and digital technologies services, as well as access to active and passive infrastructure and other essential inputs or facilities, without prejudice to the powers of other authorities under the relevant legislation.
(c) Regular technical guidelines on infrastructure and equipment connected to telecommunications networks, as well as on the approval and evaluation of the conformity of such infrastructure and equipment.
(d) To resolve the granting, extension, revocation of licences, registrations permits and authorizations, as well as the authorization of assignments or changes of control, ownership or operation of companies related to telecommunications concessions and services provided for in this Act.
(e) To take, where appropriate, necessary actions and measures to ensure continuity in the provision of telecommunications services and audio-visual communication services when the authority gives notice of the existence of cases of termination by revocation or rescue of concessions, dissolution or bankruptcy of concessionary companies.
(f) Planning, setting, implementing and conducting universal coverage and social coverage policies and programmes in accordance with this law.
(g) Promote and regulate access to information and communication technologies and telecommunications services, including broadband and Internet, under effective competition conditions.
(h) To issue general administrative arrangements, fundamental technical plans, guidelines, cost models, conformity assessment procedures, approval and certification procedures and technical systems in the field of telecommunications and audio-visual communication services, as well as other provisions for compliance with the provisions of this Act.
(i) Formulate and publish their work programmes.
(j) Develop, publish and update the National Frequency Attribution Table.
(k) To adopt provisions, guidelines or resolutions on interoperability and interconnection of public telecommunications networks, in order to ensure free competition and market turnaround.
(l) To resolve and establish the terms and conditions of interconnection that the concessionaires could not agree with respect to their public telecommunications networks as provided for in this Act.
(ll) Issue general guidelines for access and, where appropriate, share of active and passive infrastructure, in the cases established by this law.
(m) Resolve the disagreements of infrastructure sharing between licensees in accordance with the provisions of this law.
(n) To resolve the disagreements between telecommunications network licensees.
(in) Resolve requests for partial or total interruption, by fortuitous facts or causes of force majeure of the general telecommunications communication channels.
(o) To resolve the change or rescue of frequency bands.
(p) Determine the existence of actors with significant market power and impose the necessary measures to prevent competition and free competition from affecting each of the markets of this law.
(q) Declaring the existence or absence of effective competition conditions in the sector concerned and, where appropriate, the extinction of obligations imposed on actors with significant market power.
(r) To determine, authorize, register and publish service fees under the conditions provided for in this Act.
(s) To require the subjects regulated by this law the information and documentation, including that generated by electronic, optical or any other technology, necessary for the exercise of their powers.
(t) Coordinate actions with the executive, provincial and municipal authorities.
(u) To impose penalties for violations of legal, regulatory or administrative provisions.
(v) Others who confide in this law and other legal or administrative provisions. ARTICLE 82. - Control.
The Federal Information and Communications Technology Authority will be controlled by the National General Assembly and the National Audit Office. It is a permanent and inexcusable obligation of the directory to give its acts publicity and transparency in resources, expenses, staff appointments and recruitments. ARTICLE 83. - Budget.
The budget of the Federal Authority on Information and Communications Technologies will consist of:
(a) The rate to be paid by licensors and other borrowers in accordance with this Act.
(b) The amounts resulting from the application of fines.
(c) Donations and/or legacies and/or subsidies granted to it.
(d) Budget resources from the National Treasury.
(e) The administrative tariffs you set.
(f) Any other income that is legally foreseen. ARTICLE 84. - Directory.
The conduct and administration of the Federal Information and Communications Technology Authority shall be exercised by an (1) directory consisting of seven (7) members appointed by the national executive branch.
The directory will consist of one (1) president and one (1) director appointed by the national executive branch; three (3) directors proposed by the Bicameral Commission for the Promotion and Follow-up of Audiovisual Communication, Telecommunications Technologies and Digitalization, which will be selected by the latter on the proposal of the parliamentary blocks, corresponding one (1) to the majority or first minority, one (1) to the second minority and one (1) to the third minority of the provinces, and one to the Autonomous City
The president and directors may not have any interest or links with matters under their orbit under the terms of law 25,188.
Prior to the designation, the national executive branch must publish the name and curriculum history of the persons proposed for the directory.
The president and the directors will last four (4) years and may be re-elected for one (1) period.
The president and directors may only be removed from office for failure to perform or failing to perform their duties or for being incorrect in the incompatibility provided for by law 25.188. The removal shall be approved by two thirds (2/3) of the total membership of the Federal Telecommunications and Digitalization Council, through a procedure in which the right of defence has been broadly guaranteed, and the decision in this regard must be duly based on the cases previously envisaged.
The president of the board is the legal representative of the Federal Authority, being in charge of chairing and convening the meetings of the directory, according to the regulations issued by the Authority of Application in use of its powers.
Votings will be by simple majority.
Chapter II ARTICLE 85. - Federal Telecommunications and Digitalization Technology Council. Creation.
Federal Telecommunications and Digital Technology Council
The Federal Telecommunications and Digital Technology Council, within the scope of the Federal Information and Communications Technology Authority, shall have the following missions and functions:
(a) Collaborate and advise on the design of public policy on telecommunications and digital technologies.
(b) Propose guidelines for the development of the solicitation documents for calls to contest or direct award of licences.
(c) To provide the Bicameral Commission for the Promotion and Follow-up of Audiovisual Communication, Telecommunications Technologies and Digitalization with an annual report on the status of law enforcement and the development of telecommunications and digital technologies in the Argentine Republic.
(d) To convene annually the members of the board of the Federal Authority in order to receive a detailed management report.
(e) To issue its rules of procedure.
(f) Advise the Implementation Authority at your request.
(g) To propose action to the Implementation Authority.
(h) Monitoring the progress of the indicators and standards of universal service, of public services established thus by the present and the speed of transmission.
(i) Other regulations. ARTICLE 86. - Composition.
The members of the Federal Council shall be appointed by the national executive branch on the proposal of the sectors and jurisdictions in the following number:
(a) One (1) representative from each of the provinces and the Government of the Autonomous City of Buenos Aires. Such representation shall correspond to the highest provincial political authority in the matter.
(b) Two (2) representatives by entities that group fixed and mobile telephone providers.
(c) One (1) representative by entities that group non-profit telecommunications lenders.
(d) One (1) representative of connectivity providers, broadband services or the Internet.
(e) One (1) representative of the National Inter-university Council.
(f) Three (3) representatives of the trade union entities of ICT service workers.
(g) One (1) representative of ICT services companies or entities.
(h) One (1) representative of registered user and consumer associations with ICT activities. The designated representatives shall last two (2) years in their function, shall be honoured and may be replaced or removed by the national executive branch at the express request of the same entity that proposed them.
One (1) president and one (1) vice president shall be elected from among their members, for two (2) years to be eligible to be re-elected if they are appointed again.
The Federal Council will meet at least every six (6) months or extraordinarily at the request of at least twenty-five percent (25%) of its members. The quorum will be formed, both in ordinary and extraordinary calls, with the absolute majority of the total membership. ARTICLE 87. - Transfers.
The following agencies, companies, programmes and projects shall be transferred under the competence orbit of the Authority for the Application of this Law:
• Communications Secretariat (SECOM).
• National Communications Commission (CNC).
• Argentina S.A. Satellite Solutions (ARSAT).
• Official post of the Argentine Republic S.A. (CORASA).
• Argentina Connected.
Chapter III ARTICLE 88. -
Bicameral Commission for the Promotion and Follow-up of Audiovisual Communication, Telecommunications Technologies and Digitalization
Replace Chapter III of Title II of Law 26,522, which shall read as follows:
Bicameral Commission for the Promotion and Follow-up of Audiovisual Communication, Telecommunications Technologies and Digitalization
Article 18.- Bicameral Commission.
Trust the scope of the Congress of the Nation, the Bicameral Commission for the Promotion and Follow-up of Audiovisual Communication, Telecommunications Technologies and Digitalization, which will be the Permanent Commission.
The Bicameral Commission will be composed of eight (8) senators and eight (8) national deputies, according to the resolution of each House. He will rule his own rules.
Among its members, they will elect one (1) president, one (1) vice president and one (1) secretary; posts that will be exercised annually alternately by a representative of each House.
The commission shall have the following competences:
(a) To propose to the national executive branch, the candidates for the appointment of three (3) members of the board of the Federal Audiovisual Communication Services Authority, and of three (3) members of the directorate of Radio and Televisión Argentina Sociedad del Estado and the head of the Office of the Ombudsman for Audiovisual Communication Services by joint resolution of both Chambers.
(b) To propose to the national executive branch, the candidates for the appointment of three (3) members of the board of the Federal Information and Communications Technology Authority by joint resolution of the two Chambers.
(c) To receive and evaluate the report submitted by the Honorary Public Media Advisory Council and to report to their respective organic bodies, publicizing their findings.
(d) Ensure compliance with the provisions concerning Radio and Television Argentina State Society.
(e) Assess the performance of the members of the board of the Federal Audiovisual Communication Services Authority and the Public Defender.
(f) Assess the performance of the members of the board of the Federal Information and Communications Technology Authority.
(g) Demonstrate the removal of the right to defence by default or by failing to perform the duty of the Public Defender; in a procedure in which the right of defence has been broadly guaranteed, the decision taken in this regard must be duly substantiated.
Part XI ARTICLE 89. -
Transitional clauses and final provisions
Law 19,798 and its amendments shall remain only in respect of those provisions which do not oppose the provisions of this law. ARTICLE 90. - Scope.
Decree 62/90. The definition of article 6 (c) of the present includes the aspects of the definition set out in the Bases and Conditions for the International Public Contest for the Privatization of Telecommunications Service Benefit approved by Decree 62/90. ARTICLE 91. - FFSU integration.
Please note that pursuant to Clauses 11.1 and 11.2 of the Trusteeship Contract of the Trust Fund of the Universal Service Decree 558/08, the resources provided for in article 8 of Annex III of Decree 764/00 and its amendments shall be integrated into the Universal Service Fund established by article 21 of this Act, under the conditions established by the Authority of Implementation. ARTICLE 92. - Derogation.
Destroy decree 764/00 and its amendments, without prejudice to which it will remain in force in all that is not contrary to this law during the time required by the Implementation Authority to issue the regulations concerning the License Regime for ICT Services, the National Interconnection Regime, the Universal Service General Regime and the Regime on the Administration, Management and Control of Radio Species. ARTICLE 93. - Transition regime. Licenses.
The current licensees, operators, lenders and authorized under the regime established by Decree 764/00 and their amendments shall be applied to the regime provided for in the present.
At the time of the sanction of the present, and without further processing, the titles currently entitled ‘Unique Licence of Telecommunications Services’ will be considered to all the effects ‘Unique Argentine Digital License’, without mutating in its content, scope and effects.
The Implementing Authority may establish special schemes and programmes for the regularization of benefits situations whose perpetrators do not have the corresponding licence, thus contemplating the particular situation of each actor involved in ensuring the continuity of the provision of ICT services, without imposing any sanitation. ARTICLE 94. - Transition regime. Implementation plan.
The Implementation Authority shall formulate a phased implementation plan with the aim of establishing the guidelines and requirements that ICT licensees shall comply with in relation to the provisions of articles 9 and 10 of this law, safeguarding the effective fulfilment of the purpose of this Act.
The phased implementation plan will have the primary purpose of setting the necessary conditions to ensure competition and should take into account the following parameters:
(a) Establishment of limited-term promotional areas determined by public interest. Within the established deadlines, ICT Service licensees with significant market power will not be able to provide audio-visual communication services.
(b) Fostering and safeguarding so-called community networks, ensuring that the conditions of their exploitation meet the technical, economic and social needs of the particular community.
(c) Establishment of incentives for the deployment of regional infrastructure and strengthening of local actors such as: allocation of universal service funds, ease of access to finance and investment, ease of access to public works programmes, fiscal advantages, technology and innovation advisory services, among others.
(d) Establishment of regulatory asymmetries as instruments of universalization for the development of effective competition, determining a different set of rights and duties for one borrower with respect to another, even if both operate in the same geographical market, providing equivalent services as regards, inter alia, the conditions for the entry of new lenders, for the establishment of limits to the concentration and expansion of the service delivery area. ARTICLE 95. - Regime for incoming providers to the audiovisual communication services market.
The Federal Audiovisual Communication Services Authority shall determine the conditions of entry to the audiovisual communication services market for ICT providers and licensors that are covered by articles 9 and 10 of this Act.
To that end, it should take into account:
(a) If the license is required for the provision of the subscription TV services and there is another provider in the same service area, the Law Enforcement Authority 26.522, in each specific case, shall undertake a comprehensive assessment of the application that takes into account the interest of the population and apply for a binding opinion to the National Competition Defence Commission that establishes the conditions of benefit that should be used in the awarding of the licence.
(b) For the purpose of obtaining the licence for audiovisual communication services, the applicant shall, in addition to complying with the provisions set out in Act No. 26.522, if applicable, be subject to the promotional periods provided for in article 94 (a) of this Act. ARTICLE 96. -
With the exceptions expressly provided for in this Act, in respect of the licences of Audiovisual Communication Services, Act No. 26,522 and its supplementary provisions shall apply to the licensees of ICT Services providing audiovisual communication services, to their controlled, linked or participating companies, as well as to their shareholders and to the companies that they have direct or indirect participation, without prejudice to the competent authority in each case. ARTICLE 97. - Watch.
This law shall enter into force on the day of its publication in the Official Gazette of the Argentine Republic. ARTICLE 98. -
Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DECEMBER DAYS OF THE YEAR DOS MIL CATORCE.
— REGISTRATION BAJO #27,078 —
LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Lucas Chedrese. — Juan H. Estrada.